BILL NUMBER: AB 969 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 20, 2015
PASSED THE ASSEMBLY AUGUST 24, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
INTRODUCED BY Assembly Member Williams
(Coauthors: Assembly Members Bonilla, Low, McCarty, Rendon,
Rodriguez, and Waldron)
FEBRUARY 26, 2015
An act to amend Section 76038 of the Education Code, relating to
community college districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 969, Williams. Community college districts: removal,
suspension, or expulsion.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, each administered by a governing board, throughout the
state, and authorizes these districts to provide instruction to
students at the community college campuses maintained by the
districts.
Existing law authorizes the governing board of a district to
either deny enrollment, permit enrollment, or permit conditional
enrollment to any individual who has been expelled from a community
college within the preceding 5 years, or who is, at the time of the
application, undergoing expulsion procedures, for certain offenses,
as provided, if the board determines that the person continues to
pose a risk to the safety of others. Existing law requires the board
or a delegate to hold a hearing, before taking action to deny
enrollment or permit conditional enrollment, to determine whether the
person continues to pose a risk.
Existing law requires the governing board of each community
college district, in order to receive state funds for student
financial assistance, to adopt policies concerning sexual assault,
domestic violence, dating violence, and stalking that include certain
elements, including an affirmative consent standard in the
determination of whether consent was given by a complainant.
This bill would expand the authorization to either deny
enrollment, permit enrollment, or permit conditional enrollment to
apply to an individual who has been expelled from another community
college district within the preceding 5 years, who is undergoing
expulsion procedures in another district, for certain offenses or for
a violation of a district's adopted policies concerning sexual
assault, domestic violence, dating violence, and stalking described
above. The bill would also authorize a community college district to
require a student seeking admission to inform the community college
district considering admitting the student if he or she has been
previously expelled from a community college in the state for a
violation of that community college's district-adopted policies
concerning sexual assault, domestic violence, dating violence, and
stalking. By imposing additional duties on a community college
district, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76038 of the Education Code is amended to read:
76038. (a) If the governing board of a community college district
receives an application for admission from an individual who has
been expelled from another community college district pursuant to
this article within the preceding five years, or who is undergoing
expulsion procedures in another district, for any of the offenses
listed in subdivision (b) or for a violation of a district's policies
adopted pursuant to Section 67386, before taking action to deny
enrollment or permit conditional enrollment as authorized by
subdivision (f), the governing board or delegate pursuant to
subdivision (g) shall hold a hearing, conducted in accordance with
this section and the applicable rules and regulations governing
enrollment hearings authorized by this section and adopted in
accordance with Section 66300, to determine whether that individual
poses a continuing danger to the physical safety of the students and
employees of the district.
(b) For purposes of this section, "offense" means one of the
following:
(1) Committed or attempted to commit murder.
(2) Caused, attempted to cause serious, or threatened to cause
physical injury to another person, including assault or battery as
defined in Section 240 or 242 of the Penal Code, except in
self-defense.
(3) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed sexual battery as defined in Section 243.4 of the Penal
Code.
(4) Committed or attempted to commit kidnapping, or seized,
confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped, or carried away another person by any means with the
intent to hold or detain that person for ransom or reward.
(5) Committed or attempted to commit robbery or extortion.
(6) Committed stalking as defined in Section 646.9 of the Penal
Code.
(7) Unlawfully possessed, sold, or otherwise furnished a firearm,
knife, explosive, or other dangerous object.
(c) A community college district may request information, and
respond to a request for information, from another community college
district to determine whether an applicant continues to pose a danger
to the physical safety of others.
(d) A community college district may require a student seeking
admission who has been previously expelled from a community college
in the state for any of the actions listed in subdivision (b) to
inform the district of his or her prior expulsion. Failure to do so
may be considered by the district in determining whether to grant
admission, and a written record of the fact may be maintained by the
district with the applicant's file.
(e) A community college district may require a student seeking
admission who has been previously expelled from a community college
in the state for a violation of that district's policies adopted
pursuant to Section 67386 to inform the district considering
admitting the student of his or her prior expulsion. Failure to do so
may be considered by the district in determining whether to grant
admission, and a written record of the fact may be maintained by the
community college district with the applicant's file.
(f) The governing board of a community college district, upon
making a determination pursuant to subdivision (a), shall take into
consideration evidence of subsequent offenses and rehabilitative
efforts since the offense and may take any of the following actions:
(1) Deny enrollment.
(2) Permit enrollment.
(3) Permit conditional enrollment.
(g) The governing board of a community college district may
delegate any authority under this section to the superintendent or
president of a community college district, or his or her designee, or
a threat assessment crisis response team pursuant to rules and
regulations adopted pursuant to Section 66300.
(h) Before the governing board of a community college district
takes action as authorized under this section, the governing board
shall establish a formal appeals process for students denied
enrollment to appeal the decision to the governing board. A student
who is denied enrollment under subdivision (f) may appeal the
decision to deny enrollment to the governing board of the community
college district.
(i) This section shall not be construed to impose any duty on a
community college district to review applicants for admission or
review previously enrolled students, whether returning or continuing,
or to conduct a hearing in response to the receipt of any
information regarding a potential, former, or existing student.
(j) In accordance with Sections 815.2 and 820.2 of the Government
Code, a community college district, a member of the governing board
of a community college district, an officer or employee of a
community college district, including a superintendent of a community
college district, a president of a community college district, and
the designee of a president or a superintendent, shall not be liable
for an injury resulting from an exercise of discretion pursuant to
this section, including, but not limited to, an exercise of
discretion not to conduct a hearing when a hearing is not required.
(k) This section shall not apply to the admission of students whom
a community college district has discretion to admit pursuant to
Section 76000.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.